Texas Code of Criminal Procedure - Article 49.04. Deaths Requiring An Inquest
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Art. 49.04. [970A] DEATHS REQUIRING AN INQUEST. (a) A
justice of the peace shall conduct an inquest into the death of a
person who dies in the county served by the justice if:
(1) the person dies in prison under circumstances other than
those described by Section 501.055(b), Government Code, or in jail;
(2) the person dies an unnatural death from a cause other
than a legal execution;
(3) the body or a body part of a person is found, the cause
or circumstances of death are unknown, and:
(A) the person is identified; or
(B) the person is unidentified;
(4) the circumstances of the death indicate that the death
may have been caused by unlawful means;
(5) the person commits suicide or the circumstances of the
death indicate that the death may have been caused by suicide;
(6) the person dies without having been attended by a
physician;
(7) the person dies while attended by a physician who is
unable to certify the cause of death and who requests the justice of
the peace to conduct an inquest; or
(8) the person is a child younger than six years of age and
an inquest is required by Chapter 264, Family Code.
(b) Except as provided by Subsection (c) of this section, a
physician who attends the death of a person and who is unable to
certify the cause of death shall report the death to the justice of
the peace of the precinct where the death occurred and request that
the justice conduct an inquest.
(c) If a person dies in a hospital or other institution and
an attending physician is unable to certify the cause of death, the
superintendent or general manager of the hospital or institution
shall report the death to the justice of the peace of the precinct
where the hospital or institution is located.
(d) A justice of the peace investigating a death described
by Subsection (a)(3)(B) shall report the death to the missing
children and missing persons information clearinghouse of the
Department of Public Safety and the national crime information
center not later than the 10th working day after the date the
investigation began.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,
1987; Subsec. (a) amended by Acts 1995, 74th Leg., ch. 255, Sec. 3,
eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 321, Sec.
1.105, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch.
878, Sec. 2, eff. Sept. 1, 1995; Subsec. (a) amended by and Subsec.
(d) added by Acts 1997, 75th Leg., ch. 656, Sec. 1, eff. Sept. 1,
1997; Subsec. (a) amended by Acts 1999, 76th Leg., ch. 785, Sec. 2,
eff. Sept. 1, 1999; Subsec. (a) amended by Acts 2003, 78th Leg.,
ch. 826, Sec. 1, eff. Sept. 1, 2003 and Acts 2003, 78th Leg., ch.
1295, Sec. 1, eff. Sept. 1, 2003.
Article: 48.02 48.03 48.04 48.05 49.01 49.02 49.03 49.04 49.041 49.05 49.06 49.07 49.08 49.09 49.10
Last modified: August 11, 2007
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